2006 Code of Virginia § 60.2-622 - Commission review

60.2-622. Commission review.

A. The Commission (i) may on its own motion affirm, modify, or set aside anydecision of an appeal tribunal on the basis of the evidence previouslysubmitted in such case, or direct the taking of additional evidence by anappeal tribunal, or receive such evidence itself, or (ii) shall permit any ofthe parties to such decision to initiate further appeals before it. TheCommission may remove to itself or transfer to another appeal tribunal theproceedings on any claim pending before an appeal tribunal. Any proceeding soremoved to the Commission shall be heard in accordance with the requirementsof 60.2-620. The Commission shall promptly notify the interested parties ofits findings and decision.

B. 1. Any decision of the Commission, upon a hearing on appeal, shall becomefinal 10 days after the date of notification or mailing, and judicial reviewshall be permitted the claimant or any interested party claiming to beaggrieved. The Commission shall be deemed to be a party to any judicialaction involving any such decision, and shall be represented in any suchjudicial action by the Office of the Attorney General.

2. Any such decision by the Commission involving (i) whether an employingunit constitutes an employer or (ii) whether services performed for or inconnection with business of an employing unit constitute employment for suchemploying unit, from which no judicial review is had pursuant to subsectionsC and D of 60.2-500, shall be conclusive in any subsequent judicialproceedings involving liability for taxes by the Commission against anyemploying unit which was a party to the proceedings held before theCommission.

C. The Commissioner shall have the power to designate a special examiner tohear appeals to the Commission under this section. The Commissioner mayauthorize and empower such special examiner to decide any appeal so heard, inwhich event the decision of the special examiner shall be the final decisionof the Commission under this section, subject to judicial review under 60.2-625.

(Code 1950, 60-52; 1968, c. 738, 60.1-64; 1977, c. 445; 1986, c. 480;1995, c. 515; 1996, c. 106; 2005, cc. 47, 91.)